When robbery with homicide NOT punished by death

Thus are the second and third assigned errors settled. The final task is to determine the appropriate penalty against the accused. The Revised Penal Code prescribes the penalty of reclusion perpetua to death for crime of robbery with homicide, but since the offense in this case was committed on 24 April 1991, or while the imposition of death penalty had been suspended and before its reimposition under R.A. no. 7659, the trial court correctly imposed the penalty of reclusion perpetua. [G.R. No. 117397. November 13, 1996]

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